[HISTORY: Adopted by the Mayor and Council
of Federalsburg as indicated in article histories. Amendments noted
where applicable.]
[Adopted 1-5-2004 by Ord. No. 2004-01]
This article shall be known and may be cited
as "Garbage Regulations and Restrictions."
As used in this article, the following terms
shall have the meanings indicated:
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
A combination of garbage and rubbish to form a composite residential-type solid waste material, which is not excluded in § 186-3.
Combustible and noncombustible waste materials, except garbage;
the term shall include the residue from the burning of wood, coal,
coke and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and dust and other similar
matters.
A.
It shall be the responsibility of the Public Works
Department, or its agent, to provide collection of residential refuse,
except when official legal holidays or inclement weather may occur.
B.
It is the responsibility of the resident, or its agent,
to properly bag all garbage for collection and place it inside the
proper container, which will be supplied by the Town. All refuse must
be inside the container, no bags placed on or beside the container
will be collected. No garbage container shall weigh more than 100
pounds when filled.
C.
It is the responsibility of the resident, or its agent,
to properly maintain the garbage container. If the container is broken
or damaged, residents should contact the Public Works Department or
Town office immediately so the container can be repaired or replaced.
If the container is lost or stolen residents will be required to pay
a replacement fee of $60.
D.
Collection shall be rendered at the curb, roadside
or alley abutting the residential property. Under no circumstances
shall Public Works employees or agents enter private property to collect
refuse, garbage, or rubbish. Refuse left for collection shall be free
of any obstacles, and not inhibit public thoroughfare, including sidewalks,
in any manner.
E.
The Town may provide bulk collection service where
residences are concentrated in high-density situations, such as apartment
complexes. In these cases, the management, community association,
condominium association or the like shall be officially notified of
the details of the service to be rendered. It shall be the responsibility
of the Public Works Department to make arrangements with the appropriate
management organization for the placement of bulk containers or either
public, private or common ownership property.
F.
Nothing in this article shall preclude the provision
from contractual collection services as opposed to collection by municipal
employees and equipment.
G.
All trash, rubbish or waste material resulting from
building, renovation or repair work, on buildings in Town shall be
removed by the contractor, builder or property owner, and shall not
be placed on the sidewalks or streets for collection by the Town.
Collection and/or removal of these items must be done on a regular
basis and shall not create a property maintenance violation.[1]
H.
Items excluded from weekly refuse collection include
demolition/construction materials, such as shingles, lumber, wood,
bricks, cement blocks, plaster, hot or cold ashes, explosives, poisons,
acids, any caustic substance, automobiles/vehicles and/or parts thereof,
tree stumps, and tires.
I.
The Town may provide a special collection program
to dispose of the following items: lawn cuttings, hedge and garden
trimmings, tree limbs, leaves, appliances, separately bundled newspaper,
cardboard, and Christmas trees.
Private individuals or firms engaged in the
business of refuse collection in the Town of Federalsburg or who may
use the streets of Federalsburg for the transport of these materials
shall be subject to all federal, state and/or local laws, ordinances,
codes or regulations applicable to the operation and maintenance of
motor vehicles, including air and noise pollution. All trash collection
vehicles shall be maintained watertight and litter-free.
As scheduled by the Mayor and Council of Federalsburg,
special collection for the following items may be offered as designated
in Attachment A: leaves, grass, brush, newspapers, cardboard/fiber
boxes, appliances and furniture.
Furniture and household items placed out of
a rental property as a result of an eviction will be collected by
the Public Works Department 24 hours after the items are set out.
Such items shall be set out in such a manner as to not block the sidewalk.
The property owner is responsible for all costs involved with removal
of these items. All refuse shall be placed in an approved receptacle
for collection by the Town during the course of ordinary trash collection.
A per-truck collection fee of $300, plus tipping fees, shall be collected
by the Mayor and Council, and will be assessed to the property owner.
The removal of apparel, bedding, furniture or
other refuse from any premise where infectious or contagious disease
prevails or has prevailed shall be specially arranged and performed
under the direction of the responsible local health authority.
A.
It shall be unlawful for any person, except the occupants
of the premises on which the containers are placed, or his or her
duly authorized agents, or the duly authorized employees or agents
of the Town of Federalsburg, to disturb any refuse containers or to
remove their covers, bags or any contents thereof.
B.
It shall be unlawful for any person, firm or corporation
to place refuse, garbage, trash or rubbish on the property of another.
C.
It shall be unlawful for a person who is neither a
Town resident or a Town business owner to place his or her trash for
collection in the Town incorporated limits.
[Adopted 2-7-2005 by Ord. No. 2005-03[1]]
[1]
Editor's Note: This ordinance also superseded former Art.
II, Collection and Disposal Fees, adopted 6-7-2004 by Ord. No. 2004-08.
The Mayor and Council of Federalsburg shall impose upon all
properties eligible for refuse collection by the Town or an independent
contractor of the Town, a refuse collection and disposal fee to offset
the costs of collecting and disposing of refuse. The fee shall be
imposed regardless of whether or not the property owners avail themselves
of the refuse collection service on a regular basis.
There will be no single-family residential exemptions. Currently
exempted industrial, commercial or multifamily units will continue
to be exempt. New industrial, commercial or multifamily units may
be exempted from the provisions of this article where the Town cannot
accommodate the refuse collection.
A.
The refuse collection and disposal fee shall be collected quarterly
and included as part of the quarterly water and sewer bill. The fee
shall be collected on a per unit basis.
B.
The Mayor and Council may set such rates as part of their normal
budgetary process and the resolution or ordinance adopting the budget
shall be sufficient to meet the requirements of this section.
The Town will provide appropriate size refuse containers at
no cost to the recipient. A second refuse container may be purchased
by the property owner. The property owner will retain ownership of
the second refuse container. The original issued Town refuse container
is the property of the Town of Federalsburg. If the refuse container
is lost or stolen, the property owner is required to pay all costs
associated with the replacement of the refuse container.
An unpaid, overdue refuse disposal fee shall bear interest at
the rate of 1 1/2% per month until paid. An unpaid refuse collection
and disposal fee shall constitute a personal obligation of the property
owner and shall be a lien against all real and personal property of
the owner located within the Town and shall be collectible in the
same manner in which real estate taxes are collected, or the Mayor
and Council of Federalsburg may collect it by such other action at
law as they deem appropriate.
